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2014 Supreme(Guj) 95

RAJESH H.SHUKLA
STATE OF GUJARAT – Appellant
Versus
SUDA KARA RABARI – Respondent


Advocates Appeared:
MS MONALI BHATT APP for the Appellant(s) No. 1
ABATED for the Respondent(s) No. 1 2
MR SAMIR KHAN for the Respondent(s) No. 3

JUDGMENT :

1. The present Appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973 is directed against the judgment and order delivered by the Additional Sessions Judge, Gondal in Sessions Case No.110/1993 dated 06.09.1994 recording acquittal of the accused of the charges for the offences under Sections 355, 325, 323, 354, 504, 506(2), 509 read with Section 114 of the Indian Penal Code, under Section 37(1) read with Section 135 of the Bombay Police Act and under Sections 3(1)(10) and 3(1)(11) of the Atrocity Act.

2. The facts of the case briefly summarized are as follows:

2.1 It is the case of the prosecution that when the complainant, Ramji Samat was sitting at the house of his neighbour on 11.04.1992, the accused persons had abused the father of the complainant. He therefore came to his house from the said street and found that the accused persons were assaulting his father and when he tried to intervene, he also received injuries along with his wife. It is the case of the prosecution that they were threatened that if he lodges complaint with the police, he will lose his life and the accused had thereafter left.

2.2 According to the case of the prosecution, the incident ha






























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